Medical Marijuna Business Information

Medical Marijuana Business Applications Demand Unprecedented Scrutiny

For immediate release, July 9, 2010:

The state of Colorado has released its new state medical marijuana licensing applications. There are two lengthy applications, one for Medical Marijuana Businesses and one for Medical Marijuana Associated Persons. Licensing fees range anywhere from $7,500 to $18,000 with an additional $1,250 for every grow facility operated by a medical marijuana center. The application was developed by a new entity called the Medical Marijuana Enforcement Division within the Colorado Department of Revenue. Click here to download the applications from their new website:

According to attorney Jeff Gard, the applications "are quite detailed, require substantial support documentation" and both the applications and fees are due by August 1, 2010. Click here for CTI's Attorney Referral List if you need legal counsel.

In addition to being lengthy, the applications require the applicant to surrender all rights to confidentiality and privacy and to hold the state harmless if the state should accidentally misuse the information. The application contends that the "Medical Marijuana industry in Colorado is one of the most scrutinized businesses in the state, because Colorado citizens want the industry and everyone involved in it free from even the hint of any corruption or deceit."

The applicant must authorize full financial, criminal, personal background investigations. The applicant is also required to supply their federal and state tax returns, copies of diplomas, divorce decrees, bank statements, credit card statements, name and addresses of all their children, employment history, details of all assets (cash on hand, cash in the bank, stocks, bonds, real estate, and investments), details of all debts, and fingerprints.

The Investigation Authorization form requires an applicant to "waive any rights of confidentiality" and allow the state of Colorado to "conduct a complete investigation" into the applicant's personal, criminal or financial background "using whatever legal means" the state deems appropriate. For instance, the applicant must authorize "any financial institution to surrender to the Investigatory Agencies a complete and accurate record of such transactions that may have occurred with that institution, including, but not limited to, internal banking memoranda, past and present loan applications, financial statements and any other documents relating to my personal or business financial records in whatever form and wherever located."

The applicant must authorize the release of this type of information, "even though such information may be designated as 'confidential' or 'nonpublic' under the provisions of state or federal laws."

The applicant must also "hereby release, waive, discharge, and agree to hold harmless, and otherwise waive liability" to the state of Colorado "for any damages resulting from any use, disclosure, or publication in any manner, other than a willfully unlawful disclosure or publication, of any material or information acquired during inquiries, investigations, or hearings, and hereby authorize the lawful use, disclosure, or publication of this material or information." So if the state of Colorado "accidentally" gives all your private bank records and asset information to the DEA,
you can't sue them.

The Cannabis Therapy Institute led the opposition to HB1284, the state law enacted in June that allows the Department of Revenue to set whatever rules it wants to govern the medical marijuana program. We believe the flaws in the current law are too numerous to fix, so we have proposed the Legalize 2012 project. This ballot initiative will allow cannabis use by all adults,
thus alleviating the problems for patients created by the current law.

Please donate today!